Attachment 20170202135638-460.p

20170202135638-460.p

SUPPLEMENT

Supplement

1999-03-08

This document pretains to ITC-TAO-19990308-00121 for Temporary Authority on a International Telecommunications filing.

IBFS_ITCTAO1999030800121_1413177

                        SWIDLER BERLIN SHEREFF FRIEDMAN, ur
                                             3000 K STREET, NW, SUrTE 300
                                             WASHINGTON, DC 20007—5116
                                                  TELEPHONE (202)424—7500
                                                   FACsIMILE (202) 424—7645

    CATHERINE WANG
    DIRECT DIAL (202) 424—7837                                         171C ~TAQ—54(6205 — com3‘3“”%&‘;‘?5&%2
                                                                       Promasmmmmeninneepoundntmmdemdtercino      flmr-
    CWANG@sWIDLAW.COM

                                                    M     ch 8, 1999                        mm&s ivigion

                                                                         date:                        MAR _1 8 1999          ifi
    BY COURIER                                                           authorizedMyERNATIONAL SUREAL
                                                                              EP 4li4)qq
    Ms. Magalie Roman S          is, Esq.
                                                                         Ll                        %;’Wm_
    Secretary
    Federal Communicati(         ; Commission                          ‘lriglmturocmerfis Pouey                _"”/chxc/mg rafer,.
    International Bureau
    P.O. Box 358115
    Pittsburgh, PA 15251         115

    Attention:         Troy T:   rer, Chief, Policy ;     l Facilities Branch, International Bureau

             Re:       Reques    fFar Bast Gatewa

    Dear Secretary Salas:

+           Far East Gatev       r, Inc. ("‘Far East C    eway"), by its undersigned —counsel, and pursuant to :
    Section 214 of the (         mmunications ‘Ac         £ 1934,;; asamended, and Section 63.04. of the
    Commission‘s Rules,            C.F.R. § 63.04 (       98), hereby requests expedited Special Temporary
    Authority to provide i1      mational message         ecommunications service between the United States
    and international poir        for the urgent re:      ns set forth herein. Far—East Gateway seeks such
    authority at the earlies     :asible date in ord:«    o satisfy custorner contracts to provide international
    telecommunications s         ices pending grar        f Far East Gateway‘s Section 214 application for
    regular authority.

            By way of basc round, Far East C eway is a corporation organized under the laws of
    Delaware. Far East G:; way is not affiliate as that term is defined by the Commission‘s Part 63
    Rules, with any U.S. f; lities—based carrier ‘hose service it will resell or with any foreign carrier.
    In addition, Far East G:.._way currently does uut have any foreign affiliates. This request for Special
    Temporary Authority incorporates by reference the information contained in its pending Section 214
    application, a copy of which is enclosed.

           Far East Gateway submits that the public interest would be served by a grant of this request
    pending Commission action on its Section 214 application. Far East Gateway believes that the
    added competition its entry will bring to the market will benefit the consumers of United States—


                    SWIDLER BERLIN SHEREFF FRIEDMAN, LLP
                                          3000 K STREET, NW, SUrTE 300
                                          WaAsHNGTON, DC 20007—5116
                                              TELEPHONE (202)424—7500
                                               FACSIMILE (202) 424—7645

CATHERINE WANG                                                                                NEW YORK OFFICE:
DIRECT DIAL (202) 424—78                                                                      919 THIRD AVENUE
CWANG@sWIDLAW.COM                                                                           NEW YORK, NY 10022


                                                March 8, 1999




BYCOURIER
Ms. Magalie Rom            Salas, Esq.
Secretary
Federal Communi            ons Commission
International Bure
P.0O. Box 358115
Pittsburgh, PA 1«          1—5115

Attention:          Trc    Tanner, Chief, Policy and Facilities Branch, International Bureau

          Re:        Re    »stof Far East Gateway,Inc.forSpecial Temporary Authority

Dear Secretary Sa

       Far East C          ‘way, Inc. ("Far East Gateway"), by its undersigned counsel, and pursuant to
Section 214 of 1            Communications Act of 1934, as amended, and Section 63.04 of the
Commission‘s Ru            , 47 C.F.R. § 63.04 (1998), hereby requests expedited Special Temporary
Authority to provi          international message telecommunications service between the United States
and international          ints for the urgent reasons set forth herein. Far East Gateway seeks such
authority at the ea        »:st feasible datein order to satisfy customer contracts to provide international
telecommunicatio            services pending grant of Far East Gateway‘s Section 214 application for
regular authority.

        By way of background, Far East Gateway is a corporation organized under the laws of
Delaware. Far East Gateway is not affiliated, as that term is defined by the Commission‘s Part 63
Rules, with any U.S. facilities—based carriers whose service it will resell or with any foreign carrier.
In addition, Far East Gateway currently does not have any foreign affiliates. This request for Special
Temporary Authority incorporates by reference the information contained in its pending Section 214
application, a copy of which is enclosed.

       Far East Gateway submits that the public interest would be served by a grant of this request
pending Commission action on its Section 214 application. Far East Gateway believes that the
added competition its entry will bring to the market will benefit the consumers of United States—


Ms. Magalie Roman Salas, Esq.
March 8, 1999
Page 2


overseas services by providing increased choices and competitive prices. Grant ofthis authority will
also permit U.S.—based customers to do business with their preferred carrier. Accordingly, Far East
Gateway respectfully requests expeditious grant ofSpecial Temporary Authority. Far East Gateway
acknowledges that grant of this request will not prejudice action by the Commission on its
Section 214 application and that any authority granted pursuant to this request is subject to
cancellation or modification upon notice, but without a hearing.

           As required by the Commission‘s rules, a filing fee in the amount of $780.00 is included.
Please direct any inquiries regarding this matter to the undersigned.

                                                Respectfully submitted,




                                                im Chimes Aly
                                                       Catherine Wang           J s
                                                       Maria L. Cattafesta

                                                       Counsel for Far East Gateway, Inc.


Enclosure

co:        C.C. Lai
           Andrew D. Lipman




272469.1


                             CERTIFICATION OF APPLICANT

      On behalf of Far East Gateway, Inc. and in accordance with Section 1.2001—1.2003 of the
Commission‘s Rules, 47 C.F.R. §§ 1.2001—1.2003, I hereby certify that no party to this request is
subject to a denial of Federal benefits that includes FCC benefits pursuant to Section 5301 of the
Anti—Drug Abuse Act of 1988. See 21 U.S.C. § 853a. Further, I hereby certify that the
statements in the foregoing request for Special Temporary Authority are true, complete, and
correct to the best of my knowledge and are made in good faith.

        To the extent required by the Commission‘s Rules, Far East Gateway, Inc. certifies that it
has not agreed to accept special concessions directly or indirectly from any foreign carrier or
administration with respect to traffic or revenue flows between the U.S. and variousinternational
points for which Special Temporary Authority is granted, and has not agreed to enter into such
agreements in the future.


                                             FAR EAST GATEWAY, INC.

                                                      §§\\\          M;
                                             By:




                                             Name: Lee      Chuen    Bit

                                             Title:    President

                                             Date:     5’/5/91


                               SWIDLER BERLIN SHEREFF FRIEDMAN, LLP

WaASHINGTON OFFICE                                                                                              NEW YoRK OFFICE
3000 K STREET, NW, SurrE 300                                                                                   919 THIRD AvENUE
WaASHINGTON, DC 20007—5116                                                                              NEW YORK, NY 10022—9998
TELEPHONE (202) 424—7500                                                                                 TELEPHONE (212) 758—9500
FACSIMILE (202) 424—7647                                  March 8,     1999                               FACSIMILE (212) 758—9526
                                                                     40—



          BY COURIER

          Ms. Magalie Roman Salas, Esq
          Secretary
          Federal Communications Commissi(
          International Bureau Telecommunic;             ms Division
          P.O. Box 358115
          Pittsburgh, PA 15251—5115

              Attention: Troy Tanner, Chief, .           icy and Facilities Branch, International Bureau

                     Re:       Application of Far Ec     Gateway, Inc., for Global Authority Pursuant to Section
                               214 of the Commun         tions Act of 1934, As Amended, to Operate as an
                               International Facilitic   rased Carrier andas an International Resale Carrier

          Dear Sir or Madam:

                  Enclosed for filing with th            ommission are an original and six (6) copies of the
          application of Far East Gateway, Inc           »questing global authority, pursuant to Section 214 of the
          Communications Act of 1934, as am              ded, to operate as an international facilities—based carrier
          and as an international resale carrier         tween the United States and variousinternational points.

                 As required by the Commiss              i‘s Rules, a check in the amount of $780.00 is enclosed.
          Please date—stamp the extra copy of            ; applicationand return it in the enclosed self—addressed,
          stamped envelope. Any questions re             rding the enclosedapplication should be addressed to the
          undersigned.

                                                              Respectfully submitted,




                                                              Catherine Wang           j/
                                                              Maria L. Cattafesta

                                                              Counsel for Far East Gateway, Inc.

          Enclosures
          ce:    C.C. Lai
                     Andrew D. Lipman

          272919.1


                                             Before the
                      FEDERAL COMMUNICATIO                     OMMISSION
                               Washington, D.C.                4



In the Matter of

FAR EAST GATEWAY, INC.                                         ‘o. ITC—214—1999

Application for Global Authority Pursuant to
Section 214 of the Communications Act
of 1934, as amended, to Operate as an
International Facilities—Based and Resale Carrier
Between the United States and International Points




                                         APPLICATIC
       Far East Gateway, Inc. ("Far East Gateway" or           licant"), by its undersigned counsel,

hereby requests "global" authority, pursuant to Section        )f the Communications Act of 1934,

as amended, 47 U.S.C. § 214 ("Act"), and Section 63.           the Commission‘s Rules, 47 C.F.R.

§ 63.18 (1998), to provide international telecommunic          : services between the United States

and international points.

I.     Summary

       Far East Gateway is a Delaware company planning to provide a variety of competitive

international services. Far East Gateway is not affiliated, as that term is defined by Part 63 of the

Commission‘s Rules" with any dominant U.S. carriers whose international services Far East

Gateway will resell or with any foreign carrier. Therefore, Far East Gateway should be classified




V      47 C.F.R. §63.18(h); Market Entry and RegulationofForeign—Affiliated Entities, Report
and Order, 11 FCC Red 3875 (1995) (Market Entry Order).


 as a nondominant carrier for the provision of the services for which authority is requested in this

 Application, and Far East Gateway‘s Application is eligible for streamlined processing.

         Far East Gateway herein requests four types of authority in this Application, all of which

_ are eligible for streamlined processing under Section 63. 12 of the Commission‘s Rules, 47 C.F.R.

 §63.12.%4 Far East Gatewayspecifically requests: (1) global facilities—basedauthority; (2) global

 authority to resell the international switched services of all U.S.—authorized carriers; (3) global

 authority to resell international private lines to provide international non—interconnected private

 line services; and (4) authority to resell international private lines interconnected to the public

 switched network at one or both ends to provide international switchédr services on all

 international routes on which the Commission permits such services to be provided now andin

 the future.

         Far East Gateway believes that the added competition its entry will bring to t,he market will

 benefit the consumers of United States—overseas services by, among other things, encouraging

 competitive pricing and creating more service options. A grant of this Application will therefore

 further the public interest.

 II.    Information Required Under Section 63.18

         As required by Section 63.18 of the Commission‘s Rules, Far East Gateway submits the

 following information:

         (a)    Name, address and telephone number of Applicant:




 ¥       Far East Gateway does not seek authority to serve countries or use facilities excluded by
 the Commission‘s Exclusion List.

                                                  —2.


      USA Office Contact:
      Far East Gateway, Inc.
      1040—155 Grant Road
      Suite 185
      Mountain View, CA 94040
      Tel: (510) 623—6948
      Fax: (978) 694—2725

      Hong Kong Office Contact: (Please designate as the correspondence add:   s)
      Far East Gateway, Inc.
      Unit B, 16/F, United Centre
      95 Queensway
      Hong Kong
      Tel: 011 852 9092 7957
      Fax: 011 852 2349 5769

(b)   Applicant is incorporated under the laws of Delaware.

(c)   Correspondence concerning this Application should be sent to:

      Catherine Wang, Esq.
      Maria L. Cattafesta, Esq.
      SWIDLER BERLIN SHEREFF FRIEDMAN, LLP
      3000 K Street, N.W., Suite 300
      Washington, D.C. 20007
      Tel:   (202) 424—7837
      Fax: (202) 424—7645

      with a copy to:

      Mr. C.C. Lai
      Far East Gateway, Inc.
      Unit B, 16/F, United Centre
      95 Queensway
      Hong Kong
      Tel: 011 852 9092 7957
      Fax: 011 852 2349 5769


       (d)      Upon grant of this Application, Far East Gateway will become an authorized
                non—dominant carrier with global facilities—based and resale authority, subject to
                Section 214 of the Communications Act of 1934, as amended, and the
                Commission‘s Rules. Far East Gateway lacks the market power that would allow
                it to control prices to the detriment of market competition.

       (e)      Far East Gateway specifically requests: (1) global facilities—based authority
                pursuant to Section 63.18(e)(1) of the Commission‘s Rules, 47 C.F.R. {
                63.18(e)(1), to acquire interests in half—circuits in U.S.—authorized facilities as wel:
                as necessary connecting facilities to provide international telecommunication:
                services between the United States and all international points, except those
                countries excluded by the Exclusion List;* (2) global authority pursuant to Sectior
                63.18(e)(2) of the Comumission‘s Rules, 47 C.F.R. § 63.18(e)(2), to resell the
                international switched services of all U.S.—authorized carriers to provide
                international switched services between the United States and all internationa
                points served bythose carriers; (3) global authority pursuant to Section 63.18(e)(2)
                of the Commission‘s Rules, 47 C.F.R. §63.18(e)(2), to resell international private
                lines to provide international non—interconnected private line services between the
                United States and all international points; and (4) authority pursuant Sectior
                63.18(e)(2) of the Commission‘s Rules, 47 C.F.R. § 63.18(e)(2), to resel
                international private lines interconnected to the public switched network at one o1
                both ends to provide international switched services on all international routes or
                which the Commission permits such services to be provided.

       8        Far East Gateway seeks the authority to provide only the services referencedunde:
                paragraph (e) of Section 63.18 ofthe Commission‘s Rules.

       (g)      The authority requested in this Application is categorically excluded from
                environmental processing as defined by Section 1.1306 ofthe Commission‘s Rules,
                47 C.F.R. § 1.1306. As such, an environmental assessment is not required for
                purposes of this Application.

       (h)(1)   Far East Gateway is not "affiliated" with any international foreign carriers as tha
                term is defined by the Commission‘s Rules.




3/     Far East Gateway only seeks authority to own circuits on facilities and serve countries not
excluded by the Exclusion List.
                                                   —4—


(h)(2) Information regarding Far East Gateway‘s 10% or greater direct or indirect
      shareholders is as follows:

             Name:                   Far East Gateway (B.V .I.) Limited
             Address:                Unit B, 16/F, United Centre
                                     95 Queensway
                                     Hong Kong
             Percentage Held:        90%
             Citizenship:            British Virgin Islands
             Principal Business:     International business

             Name:                   Gold Factor Corporation
             Address:                Unit B, 16/F, United Centre
                                     95 Queensway
                                     Hong Kong
             Percentage Held:        10%
             Citizenship:            British Virgin Islands
             Principal Business:     International business

      Information regarding Far East Gateway (B.V.I.) Limited‘s 10% or greater
      direct or indirect shareholders is as follows:

             Name:                   Lit Cheong Communications Investment Limited
             Address:                Unit B, 16/F, United Centre
                                     95 Queensway             '
                                     Hong Kong
             Percentage Held:        100%
             Citizenship:            British Virgin Islands
             Principal Business:     International business

      Information regarding Gold Factor Corporation‘s 10% or greater direct or
      indirect shareholders is as follows:

             Name:                   Ms. Shang Ling
             Address:                47A Priestley Drive
                                     Bucklands Beach
                                     Auckland New Zealand
             Percentage Held:        100%
             Citizenship:            New Zealand
             Principal Business:     Investment

      Far East Gateway has no interlocking directorates to report.


(h)(3) Applicant certifies that it is not affiliated with any U.S. international carrier whose
       facilities—based services Far East Gateway seeks to resell (either directly or
       indirectly through the resale of another reseller‘s service). Therefore, Far East
       Gateway‘s application is subject to streamlined processing, pursuant to Section
       63.12 of the Commission‘s Rules, 47 C.F.R. § 63.12.

i)     Far East Gateway certifies that it has not agreed to accept nor shall it acceptin the
       future any special concessions, as defined by the Commission‘s Rules, directly or
       indirectly from any foreign carrier or administration with respect to traffic or
       revenue flows between the U.S. and any foreign country for which Far East
       Gateway may be authorized to serve.

)      Far East Gateway is not subject to a denial of Federal benefits pursuant to Section
       5301 of the Anti—Drug Abuse Act of 1988. Far East Gateway‘s certification
       pursuant to Section 1.2002 of the Commission‘s Rules (implementing the Anti—
       Drug Abuse Act of 1988, 21 U.S.C. § 3301) is attached.


                                           CONCLUSION

           For the reasons stated above, Far East Gateway, Inc. respectfully submits that the public

interest, convenience, and necessity would be furthered by a grant of this Section 214 Application.


                                                Respectfully submitted,




                                                By:        CQA@W               A) [ss
                                                       Catherine Wang, Esq.
                                                       Maria L. Cattafesta, Esq.
                                                       SWIDLER BERLIN SHEREFF.FRIEDMAN, LLP
                                                       3000 K Street, N.W., Suite 300
                                                       Washington, DC 20007
                                                       (202) 424—7837 (tel)
                                                       (202) 424—7645 (fax)

                                                       Counsel for Far East Gateway, Inc.


Dated: March 8, 1999




272103.1


                            CERTIFICATION OF APPLICANT

        On behalf of Far East Gateway, Inc. and in accordance with Sec ion 1       )1—1.200.} o‘
the Commission‘s Rules, 47 C.F.R. §§ 1.2001—1.2003, I hereby cer:ify that          paty to thi;
Application is subject to a denial of Federal benefits that includes FCC b:ne       pirsuant to
Section 5301 of the Anti—Drug Abuse Act of 1988. See 21 U.S.C. § 853a.              also herebs‘
certify that the statements in the foregoing Application for Section 2:4 ut        ity are tue,
complete, and correct to the best of my knowledge and are made in good fai h.

        To the extent required by the Commission‘s Rules, Far East C ate wa        Inc. has no:
agreed to accept any special concessions directly or indirectly from any fo        n c:arrtiel 0|
administration with respect to traffic or revenue flow between the Unit:d St:       ard variou:s
international points under the authority granted under Section 214 of the C o mt   ations Act 0
1934, as amended, and the Commission‘s Rules, and has not agreel :o                ‘r into sucl.
agreements in the future.


                                            FAR EAST GATEWAY, DC.



                                            By:            se
                                                          __‘/            oz zZ2

                                            Name:         Mr.    —Lee Chuen Bi

                                            Title:         President

                                            Date:            3 /5 |q9



Document Created: 2019-04-14 13:26:00
Document Modified: 2019-04-14 13:26:00

© 2025 FCC.report
This site is not affiliated with or endorsed by the FCC